Frazier, Tracy J.
2010-10-20T22:01:00Z
2010-10-20T22:01:00Z
2009
0196-2043
http://hdl.handle.net/1794/10809
32 p.
With the development of assisted reproductive technologies such
as IVF, human inventiveness has opened a Pandora’s box of ethical
and legal issues. Profound uncertainty exists when parties using IVF
subsequently disagree about the disposition of their cryopreserved
embryos. Perhaps because these technologies implicate some of the
most intimate human concerns—reproduction, parenting, and
marriage—both legislatures and the courts have been reluctant to
speak explicitly about any resolution of the present confusion. The
few courts, including Oregon’s, to address the issue of remaining
embryos have considered the problem within the typical legal
framework of property and contract interpretation. But such legal
construction reduces the embryo to an object and ignores possible
solutions that would keep many embryo disputes out of court.
Oregon should look to the IVF contract for resolution, requiring
parties to agree in advance to the disposition of their embryos and
preventing them from coming to an agreement that no court will
enforce. The legislature should take measures to ensure that wouldbe
parents understand the gravity of their agreement. Mandating
counseling before entering into the contract with the IVF clinic may
be one such measure. Ultimately, enactment of such a statute will
both create a foundation for a more uniform and consistent legal
setting and ensure a more rational basis for resolving embryo
disputes.
en_US
University of Oregon Law School
Oregon Law Review : Vol. 88 No. 3, p.931-962 : Of Property and Procreation: Oregon’s Place in the National Debate over Frozen Embryo Disputes
Of Property and Procreation: Oregon’s Place in the National Debate over Frozen Embryo Disputes
Article

Holper, Mary
2010-10-18T16:27:57Z
2010-10-18T16:27:57Z
2009
0196-2043
http://hdl.handle.net/1794/10806
52 p.
In this Article, I argue that the Board of Immigration Appeals (BIA) has adopted a misguided
approach to the United
Nations Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT) protection that creates an insurmountable obstacle
to actually obtaining such protection. As a solution, I propose that
Attorney General Eric Holder, under the new Obama administration,
adopt a revised definition of specific intent that includes “knowing
that severe pain or suffering is foreseeable.” Such a definition is
consistent with the legislative history and purpose of the CAT and
finds ample support in criminal law jurisprudence. In addition, this
definition of specific intent is used by the Office of Legal Counsel of
the U.S. Department of Justice in its analysis of whether certain
interrogation techniques would subject Central Intelligence Agency
operatives to prosecution under the CAT. An alternative solution is
for U.S. courts to employ a “knowledge of foreseeable consequences”
definition of specific intent in CAT protection cases. Courts can
adopt this definition notwithstanding the principles of agency deference embodied in Chevron U.S.A., Inc. v. Natural Resources
Defense Council, Inc. (Chevron).
en_US
University of Oregon Law School
Oregon Law Review : Vol. 88 No. 3, p.746-776 : Specific Intent and the Purposeful Narrowing of Victim Protection Under the Convention Against Torture
Specific Intent and the Purposeful Narrowing of Victim Protection Under the Convention Against Torture
Article

Lunney, Leslie A.
2010-10-18T16:39:05Z
2010-10-18T16:39:05Z
2009
0196-2043
http://hdl.handle.net/1794/10807
76 p.
Despite the visceral offensiveness of potential dragnet or selective
police investigations involving the home, all lower federal courts that
have considered the issue, aside from the U.S. Court of Appeals for
the Second Circuit, have concluded that a canine sniff of a private
home is not a “search” under the Fourth Amendment. Therefore, no
warrant, or even suspicion, is required to perform the canine sniff. This Article challenges the legitimacy of that conclusion and argues
that a canine sniff of a private residence—a location that is afforded
stringent Fourth Amendment protection—is a “search” within the
meaning of the Fourth Amendment.
en_US
University of Oregon Law School
Oregon Law Review : Vol. 88 No. 3, p. 829-904 : Has the Fourth Amendment Gone to the Dogs?: Unreasonable Expansion of Canine Sniff Doctrine to Include Sniffs of the Home
Has the Fourth Amendment Gone to the Dogs?: Unreasonable Expansion of Canine Sniff Doctrine to Include Sniffs of the Home
Article

Joseph, Lawrence
2010-10-18T16:47:40Z
2010-10-18T16:47:40Z
2009
0196-2043
http://hdl.handle.net/1794/10808
26 p.
Being in the Language of Poetry, Being in the Language of Law
was originally presented as the 2008–2009 Colin Ruagh Thomas
O’Fallon Memorial Lecture at the University of Oregon School of
Law, on April 16, 2009. The O’Fallon Memorial Lecture, which is
sponsored by the Oregon Humanities Center, alternates each year
between lectures on law and art in American culture. Professor
Lawrence Joseph is the first lecturer in this series to combine both law
and art as the subjects of his presentation. Professor Joseph brings a
unique perspective to his topics. An eminent legal scholar, and
former practicing lawyer and judicial law clerk, he is also the awardwinning
author of five widely acclaimed books of poetry; of
Lawyerland, a book of creative prose; and of literary essays and other
works of creative prose. Being in the Language of Poetry, Being in
the Language of Law is a personal essay adapted from Professor
Joseph’s lecture. In it, he takes his reader through his various
experiences with the languages of both his vocations and details how
these languages overlap and affect him. The style and composition of
the Essay create the sense of both living in and being intensely
involved in languages both legal and literary. The ultimate effect is,through the portrayal of the languages of law and poetry, a portrait of
language itself.
en_US
University of Oregon Law School
Oregon Law Review : Vol. 88 No. 3, p.905-930 : Being in the Language of Poetry, Being in the Language of Law
Being in the Language of Poetry, Being in the Language of Law
Article

Gordon, Gregory S.
2010-10-14T22:28:45Z
2010-10-14T22:28:45Z
2009
0196-2043
http://hdl.handle.net/1794/10803
82 p.
The Article demonstrates that, in light of the scale and brutality of
the “Lord’s Resistance Army” (a northern
Ugandan rebel group fighting the government of Yoweri Museveni) atrocities, the nature of the defendants, and the
characteristics of the proposed mechanisms, the contemplated resort
to alternative justice in Uganda will not pass complementarity muster.
On the other hand, the Article shows that, in certain situations, some
forms of alternative justice—especially multiple ones conjoined or
tethered to other domestic judicial efforts—could conceivably pass
the proposed complementarity admissibility test.
Along the way, this analysis also helps illuminate our increasingly
complex understanding of the relationship between international
criminal law and domestic justice in atrocity situations. The
essentially retributive nature of the former is evolving to make way
for restorative goals, and at the same time, certain retributive
characteristics are being incorporated into the latter as alternative
justice mechanisms adapt to deal with the new and horrible
phenomenon of mass atrocity. In the end, the Article shows that
effective atrocity justice entails a proper division of labor between
local restoration and global retribution. While complementarity could
be the ideal medium to achieve that allocation, the proposed analytic
criteria must be used to weave both peace and justice more seamlessly
into the procedural fabric of international criminal law.
en_US
University of Oregon Law School
Oregon Law Review : Vol. 88 No. 3, p.621-702 : Complementarity and Alternative Justice
Complementarity and Alternative Justice
Article

Cimino, Chapin F.
2010-10-14T22:37:15Z
2010-10-14T22:37:15Z
2009
0196-2043
http://hdl.handle.net/1794/10804
42 p.
This Article argues that legal scholars, and especially private law
scholars, should be paying more attention to virtue theory. Unlike the
two dominant normative theories, the analytical approach of virtue
theory requires a symbiotic focus on both the means and ends of law.
As will be explained below, neither of the two dominant theories
account fully for both means and ends; instead, each privileges one
over the other. By contrast, because of an inherent interrelationship
between means and ends in virtue theory, this theory may offer a
much more complete understanding of law, including private law,
than the theories of either law and economics or individual rights.
en_US
University of Oregon Law School
Contracts
Contract law
Oregon Law Review : Vol. 88 No. 3, p.703-744 :Virtue and Contract Law
Virtue and Contract Law
Article

Tiefer, Charles
2010-10-14T22:50:33Z
2010-10-14T22:50:33Z
2009
0196-2043
http://hdl.handle.net/1794/10805
32 p.
This Article analyzes and builds upon the somewhat successful
steps taken by the Department of Defense and the Department of State in 2008–2009 to manage the problem of the Blackwater incident at Nisour Square . Analyzing those steps
shows a key strand consisting of what may be called the “contract
law” approach. In the much-expanded form proposed in this Article,
the “contract law” approach would use government contract
requirements, contracting tools and sanctions, contract-related claims,
and distinctive contract-related suits to both control and remedy
private security abuses and injuries. This Article continues my prior
studies as a professor of government contracting law with a specific
interest in the Iraq war.
en_US
University of Oregon Law School
Nisour Square (Baghdad, Iraq)
Blackwater Worldwide
Contract law
Iraq War, 2003-2011
Oregon Law Review : Vol. 88 No. 3, p.745-776 : No More Nisour Squares: Legal Control of Private Security Contractors in Iraq and After
No More Nisour Squares: Legal Control of Private Security Contractors in Iraq and After
Article